MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 109 109 Insertion of new s 437A

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 109

Chapter 4, part 2, division 8—

insert—

'(1) An easement over pipeline land or public land may be created for a pipeline licence holder by registering a document creating the easement under the Land Act 1994 or an instrument of easement under the Land Title Act 1994.

'(2) Subsection (1)—

(a) applies even though the easement is not attached to, or used or enjoyed with, other land; and

(b) is subject to—

(i) the Land Act 1994, other than section 369(2); and

(ii) the Land Title Act 1994, other than section 89(2).

'(3) The Land Act 1994, chapter 6, part 4, division 8 or the Land Title Act 1994, part 6, division 4 applies to the easement as if—

(a) it were a public utility easement; and

(b) the pipeline licence holder were a public utility provider; and

(c) if the land is forest land—

(i) a reference in the Land Act 1994, sections 362(1), 363(1)(c) and 369A(1) to the Minister were a reference to the Minister administering the Forestry Act 1959, part 4; and

(ii) the owner of the land were the chief executive of the department administering the Forestry Act 1959, part 4.

Note—

Under the Land Act 1994, section 363(4), the owner of a reserve or of unallocated State land for the purpose of consenting to the creation of an easement is the State.

'(4) This section applies despite the Forestry Act 1959, section 26(1A).

'(5) In this section—

forest land means land that is a State forest or timber reserve under the Forestry Act 1959.'.